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North Carolina Elder Law Questions & Answers
0 Answers | Asked in Elder Law for North Carolina on
Q: Can I transfer my mother's' house into my name? she is in a nursing home still on private pay.

I was planning to use any profits from selling my house to keep her on private pay until the medicaid lookback has been filled. She may not last 5 years and I really do not want to sell the house. Her father my grandfather built it.

0 Answers | Asked in Estate Planning and Elder Law for North Carolina on
Q: Will I be unable to sell my house after my dad's death due to the Medicaid Estate Recovery Act?

In 2021 my dad had a stroke and was forced to move to a nursing home. As part of the Medicaid application, we completed a general warranty deed that allows me to continue living in our house indefinitely. I turn 65 this year and am trying to plan for my own future and I have recently become aware... View More

0 Answers | Asked in Estate Planning and Elder Law for North Carolina on
Q: Mom with dementia living with sister. Groceries are sent, now sister wants restaurant delivered daily

Groceries are paid from mother a/c, is demanding daily delivery from restaurant misusing the money?

1 Answer | Asked in Civil Rights, Elder Law, Family Law and Health Care Law for North Carolina on
Q: Can I stopped my dad from sending my mom to hospice because he don't want to loose money if she goes to nursing home

My parents have been separated for over 20yrs. My dad has not been involved in my mom's life for 20yrs..Until she got a brain injury that would potentially send her to a nursing home. I have been the caregiver of my mom. My dad got involved because he would not let my mom go to a nursing home... View More

James L. Arrasmith
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answered on Feb 23, 2024

You have several options to intervene in this situation and protect your mother's well-being. Firstly, you can consult with a lawyer who specializes in elder law or healthcare advocacy to explore legal avenues to challenge your father's decision. They can advise you on your rights as your... View More

1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for North Carolina on
Q: In North Carolina can a nursing home come back and take a family members house at any point?How do we stop it?

Looking to buy my husbands grandmas house, she may eventually need to go into assisted living due to dementia

James L. Arrasmith
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answered on Dec 12, 2023

In North Carolina, a nursing home itself typically does not have the authority to "take" a family member's house. However, if your husband's grandmother eventually requires Medicaid to pay for her long-term care, there could be implications for her estate, including her house.... View More

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: How do I check to see if my step mother has petitioned to the clerk regarding my Father’s ( her husband) mental capacit?

I live in Canada and my Father is a US Citizen in North Carolina and there is an issue of trust

T. Augustus Claus
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answered on Oct 10, 2023

In North Carolina, to check if your stepmother has filed a petition regarding your father's mental capacity, you can contact the Clerk of Superior Court's office in the county where your father resides. They manage guardianship and competency proceedings. Remember, guardianship... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Elder Law for North Carolina on
Q: My father has dementia and my brother got him to sign a power of attorney. My brother has know claimed all his property.

Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?

I have the deeds as my brother is an ex-con.

Ben Corcoran
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Ben Corcoran
answered on Aug 17, 2023

You probably need to get an attorney to look at everything.

The physical deeds are just pieces of paper the only thing that matters is what is recorded in the register of deeds.

1 Answer | Asked in Estate Planning and Elder Law for North Carolina on
Q: Is the Lady Bird deed still recommended in NC and is title insurance a problem?

Primary interest is nursing home protection

Ben Corcoran
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Ben Corcoran
answered on Jul 12, 2023

It is one of the ways to protect the home from Medicaid claims currently. Without a more detailed consultation, I cannot recommend it over any of the other methods.

1 Answer | Asked in Estate Planning and Elder Law for North Carolina on
Q: 1: I want estate ownership moved to a relative

1: I want estate ownership moved to a relative (great nephew). Estate (house and 9 acres).

2: I want to live in house and maintain yard (1 acre) as it is mine.

3: I want not to show any income increase (capital gain, other).

4: Inheritance Will with rights of ownership at... View More

Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

It sounds like you need to have a consultation with a lawyer to explain what you want to do and why you are doing it. Because while everything you asked is possible it may not have the effects you intend.

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Elder Law for North Carolina on
Q: Can an owner with life rights remove a remaindermen who also has life rights

My father is a homeless veteran due to a consent judgment outside the original will.

Anthony M. Avery
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answered on Jul 21, 2021

A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... View More

1 Answer | Asked in Elder Law, Probate and Small Claims for North Carolina on
Q: How do you locate an Will from 1950's? I've tried finding it, with no luck! I have MS, I can't afford a Lawyer to help!

My Grandmother died in 1950's. She had 1 child, my Father. I've been told, the home had been build by my Grandmother, before my Father was even born.

My Father also died in 1978. My Brother and I are the only living relatives!

Our entire life, we were told her Will... View More

Nina Whitehurst
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answered on May 21, 2021

A will is not valid if the testator lacked capacity at the time or if it was the product of undue influence. You can contest the will if you think that is what happened but you must act quickly or you will lose any rights you might have had. Look for a probate or will contest attorney in the... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for North Carolina on
Q: My Grandfather died in 2007, he was 92 yrs old. His step children took him to change his Will, shortly before his death

My Brother and I were his only Grandchildren. Our Father (his Son), was an only child, died in 1978.

His 1st Will had left his home to my brother and I, which had been that way his entire life!

He had a home, his 3rd wife had a home elsewhere. It was agreed, his property would go... View More

Nina Whitehurst
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answered on May 21, 2021

If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete... View More

1 Answer | Asked in Elder Law and Probate for North Carolina on
Q: In NC how do you handle a wife passing away and 2 weeks later the husband? The wife has no assets but medical bills.

I am named executor on both wills.

The cash in joint checking (only assets left) went to husband at death but wife had surgery the day she passed so there will be some medical bills. Can I pay wife’s medical out of husband’s estate? - if not, how are they handled. There is enough cash... View More

Ben Corcoran
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Ben Corcoran
answered on Jan 20, 2021

Unfortunately, you have to probate both wills, first, all of the wife's property passed to the husband, and then all of the husband's property passed according to his will. Joint checking accounts are an asset that can be brought back into the estate even though they pass outside of the... View More

1 Answer | Asked in Elder Law for North Carolina on
Q: My house was in reverse mortgage. My daughter & husband moved in with me. Daughter was to inherit the house.

Daughter wanted it out of reverse mortgage.

Asked me to sign a paper to do so. I did,after much

Badgering! Only to find out later it was a quit claim deed that I signed!

Her husband has now evicted me! Do l have any rights ?

They have all household goods also.

Ben Corcoran
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Ben Corcoran
answered on Oct 15, 2020

You probably have a good argument that the quitclaim deed was signed either under fraudulent circumstances or duress. Either way, you need to contact a local attorney as this is going to take a lawsuit to get fixed. Your lawyer will need to sit down and discuss all of the details to determine what... View More

1 Answer | Asked in Elder Law for North Carolina on
Q: If my mother's Will states that she is to be cremated but was buried can I have her body Exchumed and cremated?
Ben Corcoran
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Ben Corcoran
answered on Oct 1, 2020

The Will is normally not controlling on burial matters as the body is not normally considered part of the estate. It is possible to get a permit to exhume a body but it is not a simple process. You should contact a lawyer near where your mother is buried to get a more specific opinion as to what... View More

1 Answer | Asked in Elder Law, Estate Planning, Probate and Real Estate Law for North Carolina on
Q: Can older sister step in and take over half my house since mom is on the deed as borrower when and if mom dies.
Amanda Bowden Johnson
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answered on Sep 4, 2020

Being on the deed and being a borrower on the mortgage are two different things. Being on the mortgage is irrelevant but if your mom is on the deed to your house and she leaves her portion of the house to your sister in a will or dies without a will - then yes, it is possible you will sharing the... View More

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Will NY accept an adult general guardianship from NC?

My mom lives in a nursing home here in NC with advance dementia. I need to get guardianship to conclude her business in NYC? Will NY state accept it if I am deemed her guardian here in NC?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Sep 4, 2020

I think many (if not all) of my fellow NC attorneys would be hesitant to answer this question as it seems to involve New York law. You should probably re-submit your question in the NY area of this site.

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: I live in nc my oldest sister s.c became gravely ill and passed spouse did not notify us including 85 yr father .lawsuit

We found out by a outsider .her spouse blocked us from calling.this was 07/2020

No one yet has yet to even call our father can we sue

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Sep 1, 2020

Just making sure I understand the question: are you asking if you can sue your brother-in-law for failing to inform you that your sister was ill and later died?

Well, you can sue anyone for anything, even if the lawsuit is frivolous and has no chance of success. But I don't see how...
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1 Answer | Asked in DUI / DWI and Elder Law for North Carolina on
Q: I'm 55 years old I was just indicted on habitual dwi spanning out since 1990. Am I going to prison?

Can I avoid prison at age 55? Can they go back to 1990 30 years ago and charge me with habitual today?

Amanda Bowden Johnson
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answered on Aug 2, 2020

No, you can not avoid prison because of your age. You typically avoid prison by either not being convicted of something that requires prison time or convincing a Judge to be lenient when prision time is optional. As to how far they can go back, it depends on what you mean. If you mean can they... View More

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: My brother is POA over my family's finances..is it possible for my brother to change finances to suit him better?

My mother recently had a stroke and things have gotten strange between me and my brother...I asked my mother about the will and she said everything is set in stone and the inheritance will be divided between me and him...but for now things are being paid with our family's finances..which is... View More

Amanda Bowden Johnson
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answered on Jul 11, 2020

Whether or not you inherit anything is not your decision nor something you are owed or due or have 'coming to you' or even anything you have a right to at this point. It is your families finances and / or property and as such they are allowed to do with it pretty much anything they want.... View More

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